Noel Ahern (Dublin North West, Fianna Fail)
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A retail unit in my constituency is built, fitted out, stocked and ready to open, serve the community and provide employment. The problem is that it cannot open because of a national disagreement on interpretation between the Department of the Environment, Heritage and Local Government and local authorities, in this instance Dublin City Council. My constituent, the owner of the premises, wants but cannot get a fire regularisation certificate. Under the Building Control Act 2007, the Department issued SI 351, Building Control (Amendment) Regulations 2009. I am told there is a dispute between all local authorities and the Minister's office regarding the interpretation of the statutory instrument. As a result, no fire regularisation certificates have been issued anywhere this year. If so, it is a disgrace that needs early attention. Will the Minister of State, who is standing in for the Minister, Deputy Gormley, sort out the overall issue and the case I am raising, the details of which have been given?

It has been suggested that a line in the regulations asks the fire officer to certify that the works, as constructed, comply with the regulations. Were "as" changed to "if", all would be well, everyone would be happy and the certificates could flow nationally. Will the Department issue an amended statutory instrument or some other solution that would lead to the opening of my constituent's shop being approved, pending clarification of the national dispute? The owner has made a considerable investment and the building, which is three or four storeys high, was built two or three years ago. Apartments are overhead and the retail unit was recently outfitted at an approximate cost of €250,000. Will the Department take some action to allow this shop to be opened, even on a temporary basis? The interpretation of the statutory instrument could be sorted out afterwards.

For five years, I was a Minister of State at the Department of the Environment, Heritage and Local Government. I will not say that I know where some of the bodies are, but I have a slight knowledge of the Department and I can read between the lines to some extent. There seems to be confusion and non-co-operation between two sections of the Department, namely, the building control and fire sections. If so, it is a disgrace and the issue should be sorted out. It has been suggested that there will be an informal meeting in the Department tomorrow, but we are not even sure whether senior officials from the two sections will be present in the same room. Some people seem to believe that there is no problem and that, if they ignore it, it will go away.

Pat Breen (Clare, Fine Gael)
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They are all greens now.

Noel Ahern (Dublin North West, Fianna Fail)
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I did not say that. Will the Minister of State, Deputy Barry Andrews, contact the Minister, Deputy Gormley, and raise the status of tomorrow's meeting? He should instruct that the relevant officials from both sections attend and that it be turned into a decision making meeting. Let us have action on the national issue and my constituent's problem.

Barry Andrews (Dún Laoghaire, Fianna Fail)
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I thank Deputy Noel Ahern for raising the matter of regularisation certificates and reassure him that there is no dispute between the Department of the Environment, Heritage and Local Government and local authorities in this regard.

In terms of the construction of new buildings, including apartment blocks and dwellings, and extensions to, material alterations of and certain changes of use of existing buildings, the legal requirements are set out in the building control code. The Building Control Regulations 1997 set out the requirements for fire safety. A comprehensive suite of related technical guidance documents provides detailed guidance on how to comply with the regulations. Part III of the 1997 regulations provides for the issuing of a fire safety certificate, FSC, by a building control authority. The FSC certifies that the work or building, if constructed in accordance with the plans, documents and information submitted, complies with the fire safety requirements of the regulations. A certificate is required for building work in categories specified in the regulations, including the construction or material alteration of commercial premises, places of work and assembly, institutional buildings and apartment blocks.

The Building Control (Amendment) Regulations 2009 provided, inter alia, for the introduction on 1 October 2009 of new measures to improve the fire safety certification regime. Article 20C of the regulations provides for the issuing of a regularisation certificate by a building control authority in respect of buildings commenced or completed without a FSC where such a certificate is required. This measure was introduced to assist building owners who wished to bring their buildings into compliance with the building code.

The regularisation certificate may be granted by the building control authority with or without conditions or refused. An application for a certificate must include a statutory declaration from the applicant that the works carried out are in compliance with the fire safety requirements of the regulations. The authority is empowered to specify that the certificate will not have effect unless any conditions or additional works required by the authority are carried out within a period of four months after it is granted. Responsibility for compliance with the regulations rests with the builder and the owner of a building. Enforcement of the regulations is a matter for the local building control authority, which is empowered to carry out inspections and initiate enforcement proceedings if necessary.

The issue of a regularisation certificate in respect of the development to which the Deputy refers is the responsibility of Dublin City Council. The Minister understands that an application for a certificate was received on 8 February 2010 for the proposed fit-out of a retail unit located in an existing sheltered housing development at 105 Marewood Crescent, Ballymun, Dublin 11. This may be the development the Deputy has in mind.

On 15 February, the fire officer contacted the fire safety consultant dealing with the application with regard to incomplete documentation submitted, namely, the statutory declaration and the application form. On 17 February, additional information was received and is being assessed. The application is due for decision on or before 7 April. There is a statutory period of up to two months, which may be extended by agreement, for assessment of an application for a regularisation certificate. The council timescale is in accordance with the building code.

Noel Ahern (Dublin North West, Fianna Fail)
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That reply was written by one section and the other section has not been consulted. They are in denial.

Barry Andrews (Dún Laoghaire, Fianna Fail)
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The Deputy should have carried out reforms while he was there.

Deputies:

As he stated, he knows where the bodies are. He should not rise to my comment.